[secretagent]

"Illinois' law is one of the worst in the country. DAFPA still allows the state to use hearsay evidence, for example, and still sets the state's evidentiary burden at probable cause. Conversely, if property owners want to use the "innocent owner" defense, they can't use hearsay, and their burden is the higher "preponderance of the evidence" standard. Property owners must post a bond on the seized property just to get a hearing, which again can take up to six months. And even if they prevail in court, they still forfeit 10 percent of the bond. The government isn't required to reimburse them for attorney's fees, court costs, or interest, nor is the state liable for any loss of time or income caused by the pilfered property."

[secretagent]

End the damn “war”.

[2banana]

Errr...isn't there a real specific and clear amendment on this in the bill of rights...

[bamahead]

In sum, we have a law that allows the state to seize someone's car without a warrant on the grounds that the car may have been connected to drug activity. Even if he's innocent, the car's owner may have to wait six months before he's even granted a hearing, and more than a year before the state returns his property.



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[headstamp 2]

I can’t believe this law hasn’t been tossed out by now under the 4th Amendment.

[Uncle Ike]

” Unfortunately, the best outcome from Alvarez is likely to be little more than a requirement that states grant a bare-bones hearing in forfeiture cases within a reasonable amount of time—a marginal improvement. “

In an ideal world, the Supremes would declare all ‘forfeiture without due process’ laws to be unconstitutional...

Then, the tens(hundreds?)-of-thousands of people illegally deprived of property will claim compensation at fair-market-value - bankrupting several states, and forcing the Fed money presses to work overtime....

[Eagle Eye]

Pre conviction asset forfeiture is about as un-American as anything can be.